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SETTLEMENT:
The United
States and State Laws
for failure to pay shall apply. The buyer agrees to
make agreed settlement on sale day during or
immediately after the auction in U.S. currency,
bank-certified U.S. funds, or company check with
bank letter of authorization. Here’s how your letter
should read: (Customer Name) is a customer of this
bank. This bank guarantees for a period of ten
banking days from (sale date) unconditional
payment of their company check made payable to
Stone Auctioneers & Appraisers in the amount of
$_____. In default of payment and or property not
removed within the specified time, the auctioneer,
in addition to all other remedies allowed by law, will
retain all monies received and resell the property at
public sale without further notice. Any deficiency,
including expenses of resale, will be charged to the
defaulting bidder.
BUYER’S PREMIUMS: A 12% buyer’s
premium will
apply. These premiums will be added to every
purchase to make up the sale total.
REGISTRATION: Buyers represent and
warrant that
this registration is made for the buyer alone and not
on behalf of any other person. The auctioneer
reserves the right to revoke any bidder card and eject
any person at any time.
INSPECTION: The buyer agrees to
physically inspect
the property and to rely exclusively upon this
inspection in order to bid or purchase at the sale.
MEMORANDA OF SALE: The record of
sale kept by
the auctioneer or bookkeeper must be taken by the
bidder or buyer as absolute and final in all disputes.
NO WARRANTIES: All property is sold
“as-is,
where-is” with all faults. There are no warranties,
representations or guarantees as to quality, character
or condition of the property. The implied warranty of
merchantability is expressly disclaimed. Auction
buyers shall not be entitled to any adjustments or
allowance, rescission, damages or any remedy or
claim as to quality, character or condition of any
property purchased by the bidders.
ACCESSORIES: All tooling and
accessories will
be sold separate from the equipment unless
otherwise stated.
RISK OF LOSS: The auctioneer and
seller are not
responsible for any lost, damaged or stolen property,
of any kind, regardless of circumstance. The buyer
assumes delivery, full responsibility and accepts all
risk of loss for any property purchased from the time
the auctioneer accepts the buyer’s bid regardless of
the check out or closing process.
THEFT: The theft of any property
should be reported
to the local police. It is the right of all auction buyers
to prosecute anyone caught stealing to the fullest
extent of the law.
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CHECK OUT & REMOVAL:
The buyer has no
right of abandonment whatsoever. The buyer agrees to
remove all purchased property from the auction site
within the specified time announced or posted in the
auction catalog. Property not removed within the
time specified will be resold or disposed of by the
auctioneer or seller without additional notice and in
addition to all other remedies allowed by law, the
auctioneer will retain all monies received and add any
deficiency or expense associated with resale or
disposal of the property to the defaulting buyer.
Riggers, movers, electricians or anyone working as
such must provide the auctioneer with proof of
insurance. The coverage must be at a level acceptable
to the auctioneer and seller. All removal expenses and
the repair of damages caused by removal are at the
risk and expense of the buyer and or their agent
unless otherwise stated on the auction invoice.
AUCTION SITE: Buyer acknowledges
that the auction
site is a potentially dangerous place. Every person
attending the auction sale at all times shall be there at
their own risk, with notice of the conditions at the
premises, the activities on the premises, and the
conduct of third parties now given. Buyers shall so
advise their agents and employees. The buyer agrees
to indemnify and hold the auctioneer and seller
harmless from any claims or damages. No person
shall have any claim against the auctioneer, his
agents, employees or principals regardless of
personal injury, loss of life or damages to or loss of
property. Buyer also acknowledges responsibility for
his actions and conduct and the action and conduct of
their agents and employees throughout the sale and
checkout process.
DISPUTES: Any disputes that arise
during the course
of the sale or pay period shall be decided by the
auctioneer. The decision of the auctioneer shall be
final and absolute.
CONSIGNMENTS:
Auctioneer hereby gives notice to bidders that some items being sold may
be consigned by third parties.
PICTURES:
In some cases the photograph used may be a representation and place
holder only, it may not
nessacerrly be the picture of the actual item being sold.
ADDITIONAL: Announcements made by
the
auctioneer prior to the sale shall become a part of this
agreement. Although all information has been
obtained from sources deemed reliable, the
auctioneer and seller make no guarantee whatsoever
to the accuracy of any printed materials. The
auctioneer reserves the right to refuse admittance to
anyone. The auctioneer reserves the right to withdraw
items, alter the sale order, accept bids from the seller
and group lots as he deems appropriate. Absentee
bids will be bid proxy from the auctioneer and staff.
The bidders and or buyers will not hold the auctioneer
liable for the seller’s misconduct or negligence in
regards to matters of title or failing to close on a sale
or failing to disclose defects of any kind including that
of hazardous waste. Buyers and bidders will look to
the seller in these matters.
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CMC Corporation
